Wallis v. White
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action to enforce a lien upon buildings of the defendant for the price of lightning rods alleged to have been placed thereon by the plaintifE in pursuance of a written contract between the parties. The answer denied that the parties ■entered into such contract or that the defendant in pursuance of any contract erected any lightning rods upon the •defendant’s buildings. Other facts are stated in the opinion.
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APPEAL from the Circuit Court for Milwaukee County. Action to enforce a lien upon buildings of the defendant for the price of lightning rods alleged to have been placed thereon by the plaintifE in pursuance of a written contract between the parties. The answer denied that the parties ■entered into such contract or that the defendant in pursuance of any contract erected any lightning rods upon the •defendant’s buildings. Other facts are stated in the opinion. There was a verdict for the plaintifE, and from the judgment entered thereon the defendant appealed. to the point that the means and…
1Opinion of the CourtCole, C. J.
In order to make out his cause of action the plaintifE ofEered in evidence the contract counted on in the complaint, which was objected to, but the objection was overruled, and the instrument was admitted in evidence. This ruling is claimed to be erroneous. The objection to the admission of the contract in evidence is founded on the ground that it was first necessary to prove its signature or «execution by the defendant before it was admissible. But *28this was a mistake. The pleadings were not verified, and at this stage of the cause the defendant had not denied, under oath, that he signed the…
2Cited by7 opinions
- Parroski v. GoldbergWisconsin Supreme Court · 1891
- Smith v. DragertWisconsin Supreme Court · 1884
- People v. LorisAppellate Division of the Supreme Court of the State of New York · 1909
- Stewart v. ProfitCourt of Appeals of Texas · 1912
- Ellis v. HofWisconsin Supreme Court · 1904
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